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Daksh (Student)     15 February 2010

Judgement Citation Required

Hi All,

I am looking for a judgement  of Punjab & Haryana High Court to the effect that a charge jointly under sections 406 and 420 cannot go together.

Thanking you in anticipation in advance.

Best Regards

Daksh



Learning

 3 Replies

AEJAZ AHMED (Legal Consultant/Lawyer)     15 February 2010

Dear Daksh,

Find herewith attached the required Judgment of Panjab & Haryana High Court.

Findings:

"The petitioners have filed this petition to seek quashing of this FIR on the ground that it is nothing but an abuse of the process of the Court. No offence against the petitioners under Sections 406, 420 IPC is made out."

 

"Offences under Sections 420 and 406 IPC have also been held to be anti thesis of each other. Obviously, entrustment and deceiving can not go together. "

 

"The present petition is accordingly allowed on this short ground. The FIR and the proceedings initiated thereon cannot be continued by court at Sonepat and are hereby quashed. "

 


Attached File : 47 47 basant misra and another vs state of haryana and others on 3 october 2008.pdf downloaded: 225 times
2 Like

Daksh (Student)     15 February 2010

Dear Mr.Aezaz Ahmed,

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A LOT SIR

Warm Personal Regards

Daksh

girishankar (manager)     07 March 2010

Thanks Sir


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